RAISE Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 128 To provide alternatives to incarceration for youth, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Ms. JACKSON LEE introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide alternatives to incarceration for youth, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reforming Alternatives 4 to Incarceration and Sentencing to Establish a Better 5 Path for Youth Act of 2021’’ or the ‘‘RAISE Act of 6 2021’’. 7 SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. 8 Section 3553 of title 18, United States Code, is 9 amended by adding at the end the following: 10 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 128 IH ‘‘(h) AUTHORITY TO IMPOSE A SENTENCE BELOW 1 A STATUTORY MINIMUM FOR YOUTH.— 2 ‘‘(1) GENERAL RULE.—Notwithstanding any 3 provision of law other than this subsection, when 4 sentencing a youth for a nonviolent offense, the 5 court may impose a sentence below a statutory min- 6 imum if, after considering the factors set forth in 7 subsection (a), the court finds— 8 ‘‘(A) substantial and compelling reasons on 9 the record that, giving due regard to the nature 10 of the crime, the history and characteristics of 11 the youth, and the youth’s chances of successful 12 rehabilitation, the mandatory minimum sen- 13 tence would result in substantial injustice to the 14 youth; and 15 ‘‘(B) imposition of the mandatory min- 16 imum sentence is not necessary for the protec- 17 tion of the public. 18 ‘‘(2) COURT TO GIVE PARTIES NOTICE.—Before 19 imposing a sentence under paragraph (1), the court 20 shall give the parties reasonable notice of the court’s 21 intent to do so and an opportunity to respond. 22 ‘‘(3) STATEMENT IN WRITING OF FACTORS.— 23 The court shall state, in the written statement of 24 reasons, the factors under subsection (a) that re- 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 128 IH quire imposition of a sentence below the statutory 1 minimum. 2 ‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub- 3 section does not limit any right to appeal that would 4 otherwise exist in its absence. 5 ‘‘(5) DEFINITIONS.—In this subsection— 6 ‘‘(A) the term ‘youth’ means an individual 7 who was 21 years of age or younger at the time 8 of the criminal offense for which the individual 9 is being sentenced; and 10 ‘‘(B) the term ‘nonviolent offense’ means a 11 Federal criminal offense that is not— 12 ‘‘(i) a crime of violence; or 13 ‘‘(ii) a sex offense (as that term is de- 14 fined in section 111 of the Sex Offender 15 Registration and Notification Act).’’. 16 SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR 17 YOUTH. 18 Section 3624 of title 18, United States Code, is 19 amended— 20 (1) in subsection (a), by inserting ‘‘at the early 21 release date provided in subsection (h), if applicable, 22 or otherwise’’ after ‘‘A prisoner shall be released by 23 the Bureau of Prisons’’; 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 128 IH (2) in subsection (c), paragraph (1), by insert- 1 ing ‘‘except as provided in paragraph (2)(A)(ii),’’ be- 2 fore ‘‘not to exceed 12 months’’; 3 (3) in subsection (c), by amending paragraph 4 (2) to read as follows: 5 ‘‘(2) HOME CONFINEMENT AUTHORITY.— 6 ‘‘(A) The authority under this subsection 7 may be used— 8 ‘‘(i) to place a prisoner in home con- 9 finement for the greater of 10 percent of 10 the term of imprisonment of that prisoner 11 or 1 year; and 12 ‘‘(ii) to place a youth prisoner in 13 home confinement for the greater of 25 14 percent of the term of imprisonment of 15 that prisoner or 18 months. 16 ‘‘(B) Except as provided in subparagraph 17 (C), placement in a community correction cen- 18 ter shall not be used in lieu of home confine- 19 ment solely because the prisoner has been diag- 20 nosed with a mental illness, mental disorder, or 21 mental health condition. 22 ‘‘(C) There shall be a presumption in favor 23 of direct release to home confinement unless the 24 Director of the Bureau of Prisons makes spe- 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 128 IH cific findings in writing that the resources pro- 1 vided by a community correction center are nec- 2 essary for the prisoner to adjust and prepare 3 for the reentry into the community and those 4 resources cannot be provided if the prisoner is 5 in home confinement. 6 ‘‘(D) A prisoner placed on home confine- 7 ment may not be ordered to pay the cost of 8 electronic monitoring.’’; and 9 (4) by adding at the end the following: 10 ‘‘(h) EARLY RELEASE ELIGIBILITY FOR CERTAIN 11 YOUTH.— 12 ‘‘(1) IN GENERAL.—The Bureau of Prisons 13 shall release from confinement, subject to a period 14 of prerelease custody under subsection (c), a youth 15 who has served one half or more of that offender’s 16 term of imprisonment (including any consecutive 17 term or terms of imprisonment) if that youth— 18 ‘‘(A) is serving a sentence for a nonviolent 19 offense; and 20 ‘‘(B) has not engaged in any violation of 21 institutional disciplinary regulations involving 22 violent conduct in the last 2 years. 23 ‘‘(2) DEFINITIONS.—In this subsection— 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 128 IH ‘‘(A) the term ‘youth’ means an individual 1 who was 21 years of age or younger at the time 2 the criminal offense occurred for which the indi- 3 vidual is serving a term of imprisonment; and 4 ‘‘(B) the term ‘nonviolent offense’ means a 5 Federal criminal offense that is not— 6 ‘‘(i) a crime of violence; or 7 ‘‘(ii) a sex offense (as that term is de- 8 fined in section 111 of the Sex Offender 9 Registration and Notification Act).’’. 10 SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR 11 YOUTH. 12 (a) SUPERVISED RELEASE OF YOUTH.—Section 13 3582(c) of title 18, United States Code, is amended— 14 (1) in paragraph (1), by striking ‘‘and’’ at the 15 end; 16 (2) in paragraph (2), by striking the period at 17 the end and inserting ‘‘; and’’; and 18 (3) by inserting after paragraph (2) the fol- 19 lowing: 20 ‘‘(3) in the case of a youth serving a sentence 21 of incarceration, after the youth (as defined in sec- 22 tion 3581) has served at least 20 years, a court, 23 upon motion of the Director of the Bureau of Pris- 24 ons, the sentencing court, the youth or the counsel 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 128 IH for the youth, or on its own motion, may reduce the 1 term of imprisonment (and may impose a term of 2 supervised release with or without conditions that 3 does not exceed the unserved portion of the original 4 term of imprisonment), after considering the factors 5 set forth in section 3553(a) to the extent that they 6 are applicable, if— 7 ‘‘(A) the court finds on the record that a 8 reduction is warranted based on extraordinary 9 and compelling reasons, including the youth’s 10 rehabilitation efforts, such as participation in 11 counseling, education, work skills training, and 12 prison employment, and mitigating facts relat- 13 ing to the life circumstances of the youth at the 14 time of the commission of the offense; and 15 ‘‘(B) the Director of the Bureau of Prisons 16 has, on its own or in response to the court, 17 made a determination that the youth is not a 18 danger to the safety of any other person or the 19 community, as provided under section 20 3142(g).’’. 21 (b) MANDATORY LIFE SENTENCE.—Section 3581 of 22 title 18, United States Code, is amended by adding at the 23 end the following: 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 128 IH ‘‘(c) MANDATORY LIFE SENTENCE.—In the case of 1 a youth convicted of an offense that carries a mandatory 2 term of life imprisonment, the sentencing court shall treat 3 the life sentence as discretionary and consider the age of 4 the youth in determining the appropriate sentence. 5 ‘‘(d) DEFINITION.—In this section, the term ‘youth’ 6 means an individual who was 21 years of age or younger 7 at the time of the commission of the criminal offense for 8 which the individual is being sentenced or is serving a 9 term of imprisonment.’’. 10 SEC. 5. SMARTER PROBATION FOR YOUTH. 11 (a) IN GENERAL.—Section 3565 of title 18, United 12 States Code, is amended— 13 (1) in subsection (a), by striking ‘‘If’’ and in- 14 serting ‘‘Except as provided in subsection (d), if’’; 15 and 16 (2) by adding at the end the following: 17 ‘‘(d) SPECIAL RULE FOR TECHNICAL VIOLATIONS.— 18 If the violation of a condition is solely technical, and not 19 a conviction of a criminal offense, then the maximum pun- 20 ishment that can be imposed is not more than— 21 ‘‘(1) 30 days imprisonment if the violation is 22 the first violation during the defendant’s period of 23 probation; 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 128 IH ‘‘(2) 60 days imprisonment if the violation is a 1 second violation during the defendant’s period of 2 probation; or 3 ‘‘(3) 90 days imprisonment if the violation is a 4 third or subsequent violation during the defendant’s 5 period of probation.’’. 6 (b) DIRECTIVE TO THE UNITED STATES SEN- 7 TENCING COMMISSION.—Pursuant to its authority under 8 section 994 of title 28, United States Code, the United 9 States Sentencing Commission shall review and, if appro- 10 priate, amend the Federal sentencing guidelines and policy 11 statements applicable to the revocation of probation and 12 supervised release under section 3565 of title 18, United 13 States Code, as amended by this Act. 14 SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR 15 YOUTH. 16 Section 4042(a) of title 18, United States Code, is 17 amended by adding at the end the following: 18 ‘‘(8) designate correctional facilities or portions 19 of correctional facilities that house youth (as defined 20 in section 3624(g)) separate from other offenders 21 and, to the extent possible, minimize contact be- 22 tween youth and other offenders except in rehabilita- 23 tive, reentry, or similar programs; and 24 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 128 IH ‘‘(9) establish education, skills training, reentry, 1 and mental and emotional health programs specific 2 to the needs of youth (as defined in section 3 3624(g)).’’. 4 SEC. 7. PILOT PROGRAMS FOR YOUTH. 5 (a) BUREAU OF PRISONS.—The Bureau of Prisons 6 shall establish each of the following pilot programs for 2 7 years, in at least 10 judicial districts: 8 (1) MENTORSHIP FOR YOUTH.—A program to 9 pair youth with— 10 (A) formerly incarcerated offenders that 11 have demonstrated a commitment to rehabilita- 12 tion, made positive contributions to the commu- 13 nity, and expressed a willingness to serve as a 14 mentor in such a capacity; or 15 (B) volunteers from faith-based or commu- 16 nity organizations that have relevant experience 17 or expertise and a willingness to serve as a 18 mentor in such a capacity. 19 (2) GOVERNMENT SERVICE.—A program to 20 equip youth with skills for government service and to 21 place youth in related internships through work re- 22 lease, including placement with the Department of 23 Health and Human Services, the Department of 24 Veterans Affairs, and the Department of Justice. 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 128 IH (3) SERVICE TO ABANDONED, RESCUED OR 1 OTHERWISE VULNERABLE ANIMALS.—A program to 2 equip youth with the skills to provide training and 3 therapy to animals seized by Federal law enforce- 4 ment under asset forfeiture authority and to organi- 5 zations that provide shelter and similar services to 6 abandoned, rescued, or otherwise vulnerable animals. 7 (b) ATTORNEY GENERAL.—The Attorney General 8 shall establish pilot programs in the following areas: 9 (1) DIVERSION FOR HIGH-RISK YOUTH.—A pro- 10 gram that provides youth, who are at high risk to 11 reoffend and who have specialized needs, including 12 substance abuse or gang involvement, an opportunity 13 to avoid criminal conviction through intensive case 14 management and comprehensive community services. 15 (2) DIVERSION FOR VICTIMIZED YOUTH.—A 16 program for youth that have been the victim of 17 abuse, sex or drug trafficking, or other violent con- 18 duct, and for whom the criminal conduct is due in 19 whole or in part to that victimization, that provides 20 such youth with an opportunity to avoid criminal 21 conviction through intensive case management and 22 comprehensive community services. 23 (3) DIVERSION FOR YOUTH.—A program for 24 youth, who serve as the primary caretaker for a 25 VerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 128 IH young child or sibling, for an ill or impaired parent 1 or grandparent, or for a dependent and vulnerable 2 individual, that provides such youth with an oppor- 3 tunity to avoid criminal conviction through intensive 4 case management and comprehensive community 5 services. 6 (c) REPORTING REQUIREMENT.—Not later than one 7 year after the conclusion of the pilot programs, the Attor- 8 ney General shall report to Congress on the results of the 9 pilot programs under this section. Such report shall in- 10 clude cost savings, numbers of participants, and informa- 11 tion about recidivism rates among participants. 12 (d) DEFINITIONS.—In this section— 13 (1) the term ‘‘youth’’ means an individual who 14 was 21 years of age or younger at the time of the 15 criminal offense for which the individual is being 16 prosecuted or serving a term of imprisonment, as 17 the case may be; and 18 (2) the term ‘‘nonviolent offense’’ means a Fed- 19 eral criminal offense that is not— 20 (A) a crime of violence [Text truncated for display. Full text available on Congress.gov.]